(a) Each lease of state land for pipeline right-of-way purposes must contain a provision that the lease shall run for a specified term of not greater than 30 years, and shall be renewable for additional periods of up to 30 years each, so long as the lessee is in commercial operation and is in full compliance with all state law, including but not limited to state law pertaining to regulation and taxation of the pipeline facility, and is in compliance with all terms of the lease. In making this determination, the commissioner shall take into consideration the cost of the proposed pipeline, its useful life, and the probable financing requirement for the proposed pipeline.
(b) If the lessee has timely requested and is pursuing renewal and the determination on the renewal has not been issued before expiration of the existing lease term, the commissioner shall continue the lease subject to the terms and conditions that were applicable to the lease in effect at the time of expiration of the lease's term until the commissioner issues a final determination on the renewal.
Structure Alaska Statutes
Chapter 35. Right-of-Way Leasing Act
Sec. 38.35.010. Legislative declaration of policy.
Sec. 38.35.015. Powers of the commissioner.
Sec. 38.35.017. Limitation on leases in or adjacent to the Beaufort Sea.
Sec. 38.35.020. Grant of right-of-way lease.
Sec. 38.35.030. Abandonment, reduction, or impairment of service of pipeline.
Sec. 38.35.050. Applications for right-of-way leases.
Sec. 38.35.070. Notice of application.
Sec. 38.35.080. Analysis and public hearing.
Sec. 38.35.090. Multiple applications for same lease.
Sec. 38.35.100. Decision on application.
Sec. 38.35.110. Term of lease; continuation.
Sec. 38.35.122. Products pipeline leases.
Sec. 38.35.130. Right-of-way easements or leases acquired from others.
Sec. 38.35.140. Payment of rental and costs.
Sec. 38.35.145. Agreement to provide for payment of preapplication costs.
Sec. 38.35.170. Forfeiture of lease.
Sec. 38.35.180. Suits to enjoin or recover damages for defaults.
Sec. 38.35.190. Application of the Administrative Procedure Act.
Sec. 38.35.200. Judicial review.
Sec. 38.35.205. Lease savings clause.
Sec. 38.35.210. Delegation of commissioner's authority.
Sec. 38.35.220. Continued operation of certain carriers.